SANDEEP Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These appeals are filed by the appellant Sandeep S/o Shri Kishanlal Nema and Jaykant S/o Banarsi Das Keshwarwani being aggrieved of the judgment dtd. 12/9/2023 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act, 1989, Jabalpur (M.P.) in SCATR No.138/2014 whereby appellants have been convicted under Sec. 302 of IPC and sentenced to undergo R.I. for life imprisonment with fine of Rs.2,000.00 with default stipulation.

(2.) It is submitted that prosecution story in brief is that a report was lodged by one Rahul Barman at Police Chowki - Rampur, Police Station - Gorakhpur to the effect that Shubham Pasi, Golu and Arvind Kushwaha were employed at Basanta Restaurant near Bandariya Tirha. There was a dispute in regard to payment of salary etc. with the manager of the restaurant. On account of such dispute they had left the job. On 21/5/2014 at about 11.30 pm Shubham Pasi, Golu Saini had gone to the restaurant demanding their remuneration. At that time they were abused by manager of the restaurant Jaykant and Sandeep. They were not only abused, they were threatened also and, then Jaykant with a 'lathi' and Sandeep with a baseballbat had hit Shubham Pasi, as a result of which Shubham Pasi sustained injuries on his head. He was admitted in the National Hospital, Jabalpur and thereafter he succumbed to the injuries two days after the incident.

(3.) Reading evidence of Dr. M.L. Chandwani (PW-3), it is submitted that Dr. Chandwani has clearly stated that when injured was brought to the National Hospital, Jabalpur where he was working as Medical Superintendent, injured was unconscious. There was no external injury mark seen on his body. He had sustained blunt injuries. His pupil were dilated, blood pressure was low, he was vomiting, he was admitted in the hospital on account of unconsciousness. After admitting him, he was handed over to the Neurosurgeon Dr. Parihar and Dr. D.S. Thakur. Thereafter, relatives of the injured had taken the injured without permission from the hospital.